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MATTER OF ANN

52 N.Y.2d 1055 (1981)

In the Matter of Lisa Ann U. and Another, Alleged to be Permanently Neglected Children. Thirza V., Appellant; St. Lawrence County Department of Social Services, Respondent.

Court of Appeals of the State of New York.

Decided February 26, 1981.

Attorney(s) appearing for the Case

Robert J. Sassone for appellant.

Terrence J. Whelan and Ethan K. Phillips for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, without costs, and the permanent neglect petitions dismissed.

Appellant mother voluntarily placed her two children with the St. Lawrence County Department of Social Services on January 9, 1976. On May 23, 1977 the department filed permanent neglect petitions with Family Court alleging that, notwithstanding the efforts of the county department,

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